Prisoners can’t be released after evening: Appellate Division told as explanation for delay in Khadija’s release
"Khadija should have been released immediately after the bail order reached the jail. Keeping her imprisoned, even after receiving the bail order, was a clear contempt of court," Khadija's lawyer, Barrister Jyotirmoy Barua, said
When the Appellate Division sought explanation over the delay in releasing Jagannath University (JnU) student Khadijatul Kubra from prison despite the Supreme Court bail, Deputy Attorney General SK Morshed said prisoners can't be released after evening.
"There is a rule not to release prisoners after evening, which is why Khadija could not be released on Sunday despite receiving the order," SK Morshed said.
"Khadija has already sat for her examination," he added.
Subsequently, the Appellate Division did not issue any further orders on this matter.
Earlier on the day, the Appellate Division sought an explanation over the delay in releasing Jagannath University (JnU) student Khadijatul Kubra from prison despite the Supreme Court granting her bail.
The directive was issued when Khadijatul Kubra's lawyer, Barrister Jyotirmoy Barua, brought the matter to the attention of the six-member Appellate Bench led by Chief Justice Obaidul Hasan on Monday (20 November).
The bail orders reached the prison authorities on Sunday (19 November) and she was finally released from Kashimpur Women's Central Jail on Monday morning after 450 days of imprisonment.
Khadija's family waited all day, but couldn't take her home
On Sunday, Khadija's family members waited outside Kashimpur Women's Central Jail all day for her release.
However, they had to return home without her as she was not released by 11pm.
Regarding this, Khadija's lawyer, Barrister Jyotirmoy Barua, said, "Khadija should have been released immediately after the bail order reached the jail. Keeping her imprisoned, even after receiving the bail order, was a clear contempt of court."
Khadija was finally released from Kashimpur Women's Jail at 9am on Monday, according to her sister, Sirajum Munira.
"We came to the jail very early in the morning. Then, at 9am, Khadija was released. Her semester final exams start today. That's why we came early, trying to ensure she can attend," she said.
Khadija rushes to JnU to attend exam after release
Following her release this morning, she immediately headed to her university to sit for a scheduled examination.
Reflecting on her time in prison, she said, "I was not well while living in prison. I spent my days praying, fasting, and studying. Today, I have a second-year undergraduate exam. Hence, I'll head straight to the university from here to take part in the examination."
Khadija enrolled in the Political Science Department at Jagannath University during the 2019-20 academic session. Subsequently, she re-enrolled and is currently appearing for exams as part of the 2020-21 session.
The final semester examination for second-year political science students of the university commenced today.
According to Khadija's sister Sirajum Munira, the four-hour exam began at 10am. However, Khadija, who had just been released from prison, entered the exam hall at 11:30am.
Events that led to Khadija's 15 months imprisonment
In October 2020, police filed two separate cases under the Digital Security Act (now Cyber Security Act) against Khadijatul Kubra and retired Major Delwar Hossain in Kalabagan and New Market police stations for allegedly spreading anti-government statements online and tarnishing the image of the country.
The allegations and descriptions of the two cases filed within a week were identical. Khadija was arrested by police on 17 September last year and has been in prison since then.
In the case of the New Market police station, SI Khairul Islam said that he watched a video on Major (Retd) Delwar's YouTube channel on the morning of 11 October 2020.
Khadijatul Kubra was the host of the video titled "Humanity for Bangladesh." According to the case statements, in the video, Delwar Hossain gave various instructions to "overthrow the legitimate democratic government of Bangladesh."
Earlier in February this year, the High Court granted Khadija's bail plea, but it was suspended by the chamber judge and sent for Appellate Division review upon the state's application.
The leave to appeal filed by the state challenging her bail order was also sent for hearing to the regular bench of the Appellate Division.
Meanwhile, Khadija filed an application seeking the withdrawal of the suspension order given by the Chamber Court, which was heard in the Appellate Division on 10 July along with the state's petition.
On that day, the Appellate Division stayed the hearing of the application for four months.